Financial Settlement (by Consent)

A financial settlement by consent — often referred to as a consent order — is the preferred way of resolving the financial aspects of a divorce or dissolution of a civil partnership where both parties have reached agreement.

Rather than having a judge impose a financial outcome after a contested hearing, a consent order records the agreement the parties have reached and submits it to the court for approval. The judge reviews the order to ensure it is fair and reasonable before approving it.

Once approved by the court, the consent order is legally binding. This is a crucial distinction from a simple written agreement between the parties — without court approval, the arrangement cannot be enforced in the same way, and either party can return to court to make further financial claims.

A consent order can cover the family home and other property, savings and investments, pensions, maintenance payments, business assets, and a clean break provision that prevents future financial claims.

For the consent order process to work effectively, both parties must provide full and frank financial disclosure. Concealing assets or income invalidates the basis for the agreement and can lead to the order being set aside later.

Terence Ray Solicitors advises both parties — separately — on the terms of proposed consent orders. We ensure our clients understand what they are agreeing to and that the proposed settlement is fair before any order is submitted to the court.

Contact us on 020 3367 1430 or email info@trsolicitors.co.uk.